United States v. Poston’s Empirical Analysis
430 F.2d 706 · 1970
Citation profile
28 federal appellate · 3 state decisions
How this case has been cited
Cited by 38 later decisions — most recently December 2016 · most notably United States v. Tarantino (1988), United States v. Pace (1993)
28 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 641 (Livestock Fraud Protection Act)
Relies on Bruton v. United States · Marshall v. United States · United States v. Nemeth · Tallo v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““when during a jury trial evidence of the fact that at the time of the alleged offense for which the defendant is on trial he was on probation, and no corrective or cautionary instruction concerning that evidence is given to the jury, prejudicial error has intervened.””
3 later decisions quote this exact passage · from the majority“As this court held in Poston, we hold that, although the appellant's motion for mistrial need not have been granted, the failure of the court to issue a cautionary instruction, either immediately or in the general charge, constituted prejudicial error.”
3 later decisions quote this exact passage · from the majority“do not necessarily rise to the level of previous convictions.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.